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Barada Kanta Mishra v. Orissa High Court

Barada Kanta Mishra
v.
Orissa High Court

(Supreme Court Of India)

Criminal Appeal No. 72 Of 1975 | 15-09-1975

1. Having heard the appellant in person and Mr. F. S. Nariman for the respondent, we are of opinion that this appeal is not maintainable. Only those orders or decisions in which some point is decided or finding is given in the exercise of jurisdiction by the High Court to punish for contempt, are appealable under Section 19 of the Contempt of Courts Act, 1971. The order in question is not such an order or decision. It is an interlocutory order pertaining purely to the procedure of the Court. All that the order in question says is that all the points arising in the case, including the one of maintainability of the proceedings, would be heard together and; it rejected Mr. B. Mishras prayer for hearing the case piecemeal, that is, first with regard to the question of maintainability. Accordingly we dismiss the appeal. The stay in consequence, stands vacated.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE R. S. SARKARIA

HON'BLE JUSTICE A. C. GUPTA

Eq Citation

1976 CRILJ 944

(1977) 3 SCC 345

AIR 1976 SC 1206

LQ/SC/1975/348

HeadNote

Constitution of India — Arts. 129 and 137 — Appeal to Supreme Court — Maintainability — Contempt of Court — Appeal against order of High Court in contempt proceedings — Held, only those orders or decisions in which some point is decided or finding is given in the exercise of jurisdiction by the High Court to punish for contempt are appealable under S. 19 of the Contempt of Courts Act, 1971 — Appeal against interlocutory order pertaining purely to the procedure of the Court not maintainable — Contempt of Courts Act, 1971, S. 19

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